Boppy Newborn Lounger investigation

October 25, 2023
Baby in boppy lounger

The Consumer Product Safety Commission (CPSC) has issued a warning regarding the Boppy Newborn Lounger after eight infants died while using the product. The baby loungers have now been recalled nationwide. 

The CPSC raised concerns after alarming reports of suffocation-related incidents linked to this seemingly innocent baby product.   

Shockingly, eight infants under the age of one tragically lost their lives between December 2015 and June 2020 while using the Boppy Lounger.  

Bobby Newborn Lounger recalled 

The Boppy Company recalled a staggering 3.3 million loungers, including the Original Newborn Loungers, Boppy Preferred Newborn Loungers, and Pottery Barn Kids Boppy Newborn Loungers.   

The products were sold nationwide from January 2004 to September 2021, making it imperative for all parents to check their baby gear and immediately stop using these Boppy loungers.  

A study commissioned by the federal agency CPSC in October 2022 shed light on the primary causes behind these heartbreaking incidents. Suffocation and positional asphyxia emerged as the leading causes behind these infant deaths.   

What is positional asphyxia?  

Positional asphyxia occurs when a baby’s position hampers their ability to breathe properly. When a baby is bent forward or backward in a way that inhibits breathing, the  baby’s mouth and nose can become blocked, or their chest is unable to expand.   

In the wake of the recall, numerous parents have taken legal action, filing lawsuits against the manufacturers. They argue that these loungers created hazardous sleep environments, leading to fatal injuries or even death due to oxygen deprivation.   

Despite these incidents, infant sleep products, including loungers, have largely escaped regulation because they are typically described as suited to awake babies, even though newborns can nod off at any given moment.   Online communities and parenting forums have unintentionally endorsed these items as a trustworthy option for fatigued parents seeking a place to help their weary babies nap.   

NBC investigation into baby loungers

Earlier this year, an NBC News investigation into infant lounger safety reported that the current data on deadly suffocation incidents caused by baby loungers are “almost certainly an undercount, according to product safety experts, as autopsies do not always mention specific consumer products”.   

Manufacturers have a responsibility to prioritize safety through hazard analyses and product design. The significance of this concept could not be more vital than when you’re creating products for the most fragile and vulnerable user – a newborn baby.  Ensuring the utmost care and attention to detail is crucial in the design process, considering the unique needs and vulnerabilities of this particular demographic. It is not just about creating functional products; it’s about creating a truly safe haven and a source of comfort for the infants but also peace of mind for the parents or guardians.    

Safe sleep guidelines for babies 

Unbeknownst to many parents, the Boppy Lounger does not align with the American Academy of Paediatrics safe sleep guidelines, which recommend babies sleep: 

      • Alone 

      • On their back 

      • On a firm, flat mattress 

      • In a crib or bassinet 

      • Free of loose items 

    If you have a Boppy Newborn Lounger, it is strongly recommended you stop using it immediately.   If your child suffered serious or fatal injuries from one of these defective products, the manufacturer should face consequences.

    Take action if you’ve been affected

    If you or someone you know has been affected by a Boppy Original Newborn Lounger, Boppy Preferred Newborn Lounger, or Pottery Barn Kids Boppy Newborn Loungers, please contact Pogust Goodhead today for a completely free and confidential consultation to discuss your legal rights.   

    Our Consumer and Product Liability department has extensive experience representing people across the world who were harmed by unsafe products.

    Our team of legal professionals are well equipped to help successfully represent you and help you seek justice.   

    If you are interested in a free, confidential conversation, you can get in touch with our team by emailing intake@pogustgoodhead.com or calling us on (610) 941-4204. 

    Author: Juan AJuan Andrews bio pic associatendrews, Philadelphia.

    As a Junior Associate in Pogust Goodhead’s Philadelphia Office, Juan Andrews represents the firm’s clients in mass tort, products liability, and complex personal injury cases. He is deeply committed to pro bono work, assisting low-income Philadelphians with deed transfers, will drafting, and advanced healthcare directives, supporting local musicians in navigating contract negotiations, licensing agreements, and trademark matters, and mentoring local teens from underprivileged communities who hope to study law.

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